Los Angeles daily herald., 1887-05-09

other witness was requisite, Mr.. An.
drews named MACPHERSON, the Scotch.
man, and requested the doctor TO send
him in.
Macpherson, il seems, had been sent
on some errand; but as soon az he re-
turned the doctor communicated Mr..
Andrews message, and went himself to
attend sick cali in the neighborhood,
not deeming his presence there imme-
diately necessary.
When he came back he was astonished
10 find his patient dead. Such
result had not, indeed, been Anticipated,
but its suddenness took him by surprise
By MIR. Andrews will, which was
published some days after his death, the
entirety Of his property was devised to
his nephew, who had attended him in
bis last moments. Everything was in
due form. True. Macpherson, one of
the witnesses, pursuant to a previous
intention, had sailed for Scotland
shortly after the funeral, and was not
present before the Judge OF Probate.
But his handwriting was proved, and
the evidence of the remaining witness
was quite satisfactory He had seen
the testator append his signature. and
heard him declare that the paper was
his will, and was positive that at the
time he wac of sound mind aud memory.
Poor Elites grief. when she received
the intelligence Of her fathers death was
found TO be deepened by the news OF her
own disinherison.
Under all the circumstances, one
would have thought that the young
husband would have been unremitting
in tenderness and sympathy toward his
sorrowing bride, who had sacrificed 50
much for his sake. And so he would,
had he devotedly loved her, but he did
not.
The fact is, his whole heart and soul
and Mid were occupied with previous
attachpent-not for another; the farth
est possible from that--Es. lbieot was
himself This affection. which was of
the most ardent description, had met
with blighting disappointment in bis
wife's loss of fortune; and with Ter uu-
ceasidg grief and continual sef-accusa-
tion--sne offered no reproaches to him
| be had but little patience, and soon
gave her to understand as much. The
men who, a month before, wonld have
been ready so put on mourning hal she
lost her favorite canary, turned his back
upon her in her real affl elton.
When at length he was found dead in
his bed one morning, after night of
carousal, the coroner's jury said 1t was
"the act Of God'-his blessing you will
call it.
Effie's cousin, instead of making any
provision for her whose rights be had
most unrighteously supplauted. lett her
wholly dependent on others, and had
she not found b 9me IN the house of an
old and tried friend of her father, she
might have gone forth shelterless wan.
derer
Tom Mansfield, who had casually made
the Acquaintance Of. the young widow,
became warmly interestSd IN her cause,
and guided, probably, more by sympathy
than jud5!.nent, had commenced an
action TO contest the will made under
the circumstances Just related.
And this was the case in which he
wished my assistance.
We sat up nearly all night in con-
sultation. There was a point that we
both thought beautiful" one, and we
devoted our principal efforts to strength
ening it.
Ours was the first cause ON in the
morning. Arrayed against US were
three Of the Oldest and ablest practicion.
ers of the circuit. jackson had plenty
OF money now, and was himself no fool
in "putting up" case.
| / felt not little nervous. Il was my
first ca.e of any importance. |, too,
as well as John Andrews will, was
about to be placed ON trial.
My courage revived a little when our
client came in, escorted by Tom, who
introduced me as his associate. Pretty
as pink, as shs sat facing the Jury,
where Tom had placed her, | felt that our
case had another "beautiful point" in it.
Almost Immediately the trial began.
The evidence varied but little from
the facts already detailed. The attend
ing physician was very decided in his
opinion that the testator, at the time of
signing the paper in question, was in
the full possession of his mental facul-
ties.
The signature of the absent witness
was sworn to by Mr.. jackson himself,
who further testified that the deceased
had requested MACPHERSON to witness
the instrument, at the same time declar.
ing it to be his will.
At Toms Instance, [ subjected this
witness to searching cross-examna-
ton; but he stood FIRE like salarnander.
He swore that the testator had mol
only dictated every line of the will, but
had heard it read, and had twice read
it over himself before executing it.
gave him up in despair.
At length the evidence closed, and |
rose to present our point.
1t was put in the shape OF a motion to
direct verdict for the contestant, on
the ground that the witnesses had not
subscribed in the presence Of each other.
was about to adduce arguments and
authorities when the Judge interposed:
''The rule you claim undoubtedly was
the law, and should be so still, but q
recent statute has changed it. The wit.
nesses need not now sigu in each other q
presence.
A hasty examination proved bis
Honor was right, and our main point
was done for.
To our great relief the court adjourn
ed for dinner We were to sum up in
the afternoon. That task, on our side
was assigned to me. but felt it was
hopeless. was determined, however
to take what satisfaction | could out Of
Jackson, by abusing him as soundly al
the rule Of the court would allow. And
after all. who could tell? The jury
might take the BIT in their mouth and
give us a verdict in spite of the law and
the evidence. Responsibility becomes
amazingly light when divided by twelve.
On nthereassembling of court was lit.
tie surprised as well as annoyed at Tom 8
absence. Could it be he was leaving me
in the lurch and staying away to avoid
the modification OF our final defeat?
had just risen to address the jury,
when somebody plucked mo by the coat.
II was Tom, his eyes fairly cleaning
and his whole frame In tremor Of ex-
element.
whats the matter?'' / whispered.